Bile Duct Injury Compensation Claims

A cholecystectomy is a medical procedure where the surgeon removes a gall bladder.

The surgery can be carried out as an open surgery or via keyhole where a laparoscope, a narrow tube with a camera at the end, is inserted into the abdomen through an incision.

The reasons for removing a gall bladder could include:

• To remove gall stones
• The gall bladder is affected by disease eg cancer or an infection
• To treat Biliary dyskinesia

The gall bladder is a small organ which sits under the liver.

Bile is produced in the liver and collects in the gall bladder. There is a complex system of ducts which moves bile from the liver and into the gall bladder and out of the gall bladder and into the intestines.

In order to remove the gallbladder from the body it must be carefully separated from the liver. During this procedure, the cystic duct and cystic artery must be clipped so that the gall bladder can be removed without any bile leaking into the abdomen.

Serious issues such as a cut or burn to the main bile ducts could result from negligent surgery.

Complications of a bile duct injury could include:

• Pain
• Bleeding
• Infection such as sepsis
• Bile leakage
• Damage to the bowel, intestine, and blood vessels
• Permanent damage to the liver

Mistakes often occur during gallbladder surgery for the following reasons:

• The area around the gallbladder and bile ducts is masked in some way so that the doctor cannot see it clearly – especially if the removal is carried out via keyhole surgery
• the structure (anatomy) is different than normal
• if there is a lot of bleeding, swelling, or scarring in the area, this can also present difficulties in identifying the correct ducts.

Your surgeon, consultant and GP should be aware of the risks of gall bladder removal surgery as well as the symptoms of a bile duct injury.

If your surgeon made mistakes during your cholecystectomy – either open or keyhole and / or a surgeon, consultant or GP failed to diagnose your bile duct injury, you could be entitled to claim compensation.

A bile duct injury is a serious medical condition which requires further surgery.

Our specialist clinical negligence solicitors have successfully secured compensation for clients who have suffered from gallbladder surgery complications caused by the negligence of a surgeon, consultant, GP, nurse or other medical professional.

Contact us today to start your free no-obligation case evaluation.

Yes; Devonshires Claims can provide a ‘No Win No Fee’ medical negligence claims service for bile duct injury claims.

A ‘No Win No Fee’ arrangement is also known as a ‘Conditional Fee Agreement’.

Under a No Win No Fee agreement, you will not be charged any costs if your case is not successful*.

Compensation claims for a bile duct injury or other gall bladder surgery claim will not only reflect the physical and mental pain and suffering experienced but also:

• Allow you to obtain justice for the mistreatment and negligence you experienced
• Highlight failings in clinical practice, standards of care and protocols
• Provide you and your family with an explanation of the incident and an apology if shortcomings are acknowledged.

The compensation payment will depend on several factors:

• Your pain and suffering;
• Your prognosis;
• The impact of the delay and / or negligence on your health and quality of life – including current and future care requirements, medical aids, home adaptations or other necessary assistance;
• Any financial losses you have incurred as a result of the injuries – including past loss of earnings, medical expenses, travel expenses and equipment costs; and
• Any future financial losses, e.g. loss of wages, loss of promotion prospects, pension

Compensation for the bile duct injury fall into two main categories:

• General compensation (General Damages): this includes compensation for pain and suffering and the impact of the injury on lifestyle and quality of life.
• Financial losses and expenses (Special Damages): these include the costs associated with private treatment, care support, travel expenses, other medical expenses, specialist equipment and loss of income.

The ‘limitation’ period to bring a claim for medical negligence is generally three years from the date of negligence or the date of reasonable knowledge of the injury.  This means that if you became aware of the failure to diagnose the negligence weeks, months, or even years later, the three-year period could commence from then.  In rare circumstances, the Court may use its discretion to extend the limitation period, but only for exceptional reasons, so it is important to contact us now.